Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1887-05-04
FAvoRlHG THE SETTLER.
President Cleveland Out in I stats
Paper on the Rights Of
Homesteaders
lie Directs Secretary Lamar - U
the Line Of Action 70 Be
Pursued.

The President has addressed the follow.
ing letter to the Secretary Of the Interior,
relating to the controversy between the
Northern Pacific Railroad and .. ttlsr in
Washington Territory:
DEsa SIR have examined with mach
caro- and interest the questions involved IA the
conflicting Of claims Of Guilford Il. Miller ard
tho Northern Tactic lsailro ID Company 70 orr
tain public land In Washington TerftHy. The
legal aspects OF the caae bAvo been exasnfned
sna passed & upen by several otiicars e ~ oes'
Miller claims e be sstt,ex sxoA m y III
Improvements upon 0s4 I3&d II M I'LL n
vatct tho same. and Il arrsars ehat ~,
hl.d his clam 70 the same ander 10
ber, 1881 The r.iirsal company contends
that this land is Within the territory Or asea
from which II was ,it tlcd to select such
Is supply any deeclsrcy @ I thas s should ii b found
70 exist In the specified land mentioned IN .
grant by tn, Government to sad company IA
aid Of the construction Of the road. such deA.
cheney being contemplated as likely to Ariss
from the paramount right 10 private parties ami
settler. within the territory embracing said
granted lands, and tha- tho land in dispute wes
thus selected BY the company on the 18th day Of
A lare tact including tn lard, VAS with.
drawn by trler Of the interior Department.
from sale and from pre- -cnptien and homestead
entry in lsl In ante patton Of the coM~
ttrnctioa OF snid ra lruad. and = dencl0nOy
ia its granted lands in ioo0, upon The fina
OF II map OF definite ioca.ion ot the road, tho
lind In controversy, aud Inush moro which
had been 80 Withdrawn. was found 70 ~
outside OF tho mfss which included the
grantad lahd hut its withdrawal and reaefva-
tion from settlement aud entry under our land
laws was cont nucd upon. the theory thst q
was within tn, limits Of indemnity lands whtch
inipht be . lertei by the crinpaSy provided
IN tue law making tie grams The legal Points
In this cnntro> ersy turned upon tho validity
fnd effect OF the withdrawal and reservation C1
this Ian and tho continuins thereof The Attots
ncy General is Of the opinion that suoh with
drawsi dn aud reservation were u Al times
Miller from acgsirng any interest In OF
right to the land claimed BY him. With this
o II ths sha rr and s..
will be seen that the effect has been the with
drnwal and reservation since 1874 OF thousands
the i nna :~ o. sss sSs nsd
thus placing them beyond the reach OF our citt-
zcns desiring under such laws 70 settls ard
been done Tor The benefit 81 Z railroad company,
having 10 fixed, certain, nor definite interesta n
such lands. In this manner tho beneficial policy
the public domain have for ali these years y
that extent been thwarted There seems e. be-
no evidence prosents allowing how much, II
fllment Of the grant TO the railroad oompany,
nor co,s there appear to be any limitA4tOn q
the time witrin which this faot should BE- made
its selection. After = lapss Of nfteen
years this large body Of the public Do
main 10 still held In reserve 70 the
acorporate beneficiary Of the Government end
awaiting its selection, though Il II entirely Ger
tain that much Of the reserved land can mover
condition Of tho public lands should no longer
continue So far ~ Il 10 the result Of executive
rules and methods these should b ahandcnsd.